(영문) 부산지방법원 동부지원 2016.01.05 2015고단2268

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2016.01.05 2015고단2268

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 6, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.193% at around 22:26:15, and continued to drive the said vehicle under the influence of alcohol level of 0.193% on the side of the south-gu Hamp High School at the same three-lane from the intersection of the south-gu Mampdong, Busan, along that one-lane of the said road. While it was difficult for the Defendant to drive the said vehicle under the condition of normal operation due to the influence of alcohol, such as driving of the vehicle through flag and driving of the vehicle, even if it was difficult for the Defendant to drive the vehicle under the influence of alcohol level, the Defendant continued to drive the vehicle under the influence of the victim C(28) at the direction of the opposite direction to the traffic of the center. The Defendant continued to drive the vehicle under the influence of the victim's flag in the direction of the victim's flag in the direction requiring the Defendant's 5-day driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. The actual survey report of each traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to an investigation report (the submission of a medical certificate and written estimate to a driver of a motor vehicle with sod vehicle from DNA);

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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